5-428. Validity of agreement to arbitrate.
142 words·~1 min read·
/ks/chapter-5/5-428A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
5-428. Validity of agreement to arbitrate.
(a)An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable, except upon a ground that exists at law or in equity for the revocation of a contract.
(b)The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(c)An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(d)If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue, pending final resolution of the issue by the court, unless the court otherwise orders.